Public Policy Update from the State Bar of Michigan
June 9, 2014
Volume 12 Issue 23

In the Capitol
Committee meetings of interest for the week of 6/9
6/12 Senate Judiciary, 9:00 AM, Farnum Building Room 110
Agenda: **PLEASE NOTE DATE AND TIME**
SB 866 Increase penalties for certain crimes against a person over 65 years of age;
SB 867 Provide for sentencing guidelines for elder adult abuse;
SB 963 Modify definition of firearm, and prohibit minors from possessing certain weapons;
SB 964 Modify definition of firearm in MCL 8.3t;
SB 965 Modify definition of firearm in the Michigan penal code;
SB 966 Modify definition of firearm in NREPA;
HB 5082 Create parenting time coordinator;
And any other business properly before the committee.
State Bar of Michigan Position on HB 5082: Support.
Family Law Section Position on HB 5082: Support.

Complete Committee Meeting List

Legislative Action Last Week:
Summary of legislative action on all bills that the State Bar or sections of the State Bar have taken positions.
HB 4486 passed the Senate on June 3 and was returned to the House.

HB 4528 (Michigan Immigration Clerical Assistant Act) passed the Senate on June 3.
State Bar of Michigan Position on HB 4528: Support.
Unauthorized Practice of Law Committee Position on HB 4528: Support.

HB 5246 (Code of Criminal Procedure, Use of Electronic Video Equipment for Issuance of Warrants) passed the House on June 3.

HB 5270, HB 5271, and HB 5272 passed the House on June 4.
State Bar of Michigan Position on HB 5270, HB 5271, and HB 5272: Support.
Children’s Law Section Position on HB 5270: Support.
Criminal Law Section Position on HB 5270: Support.

HB 5383 (Code of Criminal Procedure, Expert Witness Testimony Concerning Chemical Testing) passed the House on June 3.
Criminal Law Section Position: Oppose and Amend.

Substitutes were adopted for SB 0105, SB 0106, and SB 0107.
State Bar of Michigan Position on SB 0105 – SB 0107: Oppose.
Criminal Issues Initiative Position on SB 0105 – SB 0107: Oppose.
Criminal Jurisprudence & Practice Committee Position on SB 0105 – SB 0107: Oppose.

SB 587 and SB 590 were advanced to the third reading in the House June 5.

SB 714 (Uniform Collaborative Law Act) was presented to the Governor June 5.
State Bar of Michigan Position on SB 0714: Support.
Family Law Section Position on SB 0714: Support.

SB 0931 and SB 0932 advanced to the third reading on June 3 and passed the next day.

Legislation Introduced 6/2 – 6/5
View all bills introduced 6/2-6/5
Of General Interest
HB 5638 Corrections; parole; criteria for placement on parole; modify. Amends secs. 33, 33e, 34 & 35 of 1953 PA 232 (MCL 791.233 et seq.) & adds sec. 32.

SB 0969 Civil procedure; other; public nuisances; allow a city, township, or village attorney to bring an action. Amends sec. 3805 of 1961 PA 236 (MCL 600.3805).

SB 0971 Torts; other; "Good Samaritan" law; expand to include licensed emergency medical service provider. Amends secs. 1 & 2 of 1963 PA 17 (MCL 691.1501 & 691.1502).

New Public Acts

In the Hall of Justice

Report of the Task Force on the Role of the State Bar of Michigan Available for Comment

Rule Amendments
2013-03 - Amendment of MCR 2.302
The amendment of MCR 2.302 clarifies that discovery is available in postjudgment proceedings in domestic relations matters.
Issued: June 4, 2014
Effective: September 1, 2014

2013-19 - Amendment of MCR 3.602
The amendments of MCR 3.602 apply to all other forms of arbitration that are not described in the newly adopted Revised Uniform Arbitration Act, MCL 691.1681 et seq.
Issued: June 4, 2014
Effective: September 1, 2014

2013-04 - Amendment of MCR 3.705
The amendment of MCR 3.705(C) prohibits publication of information on the Internet that could reveal the identity or location of the protected party.
Issued: June 4, 2014
Effective: September 1, 2014

2013-02 - Amendments of MCR 3.800, 3.801, 3.802, 3.804, 3.807, 5.109, 5.125, 5.401, 5.402, and 5.404
These amendments incorporate provisions of the Michigan Indian Family Preservation Act and the Indian Child Welfare Act and reflect a more integrated approach to addressing issues specific to Indian children.
Issued: June 4, 2014
Effective: September 1, 2014

 

2012-11 - Proposed Amendment of MCR 6.302
On order of the Court, the proposed amendment of Rule 6.302 of the Michigan Court Rules having been published for comment at 495 Mich 1205 (Part 1, 2013), and an opportunity having been provided for comment in writing and at a public hearing, the Court declines to adopt the proposed amendment. This administrative file is closed without further action.
Issued: June 4, 2014

2013-41 - Retention of the Amendments of Administrative Order No. 1998-5
The amendments of Administrative Order No. 1998-5 modify the way courts pursue disputes over court funding. These modifications were adopted following enactment of 2013 PA 172.
Issued: June 4, 2014
Effective: September 1, 2014

At the Bar

Michigan Supreme Court Posts Report of Task Force on the Role of the State Bar of Michigan

The Board of Commissioners met on June 6, 2014 at which time the State Bar of Michigan adopted the following public policy positions:

ADM File No. 2012-02 - Proposed Amendments of MCR 2.302
These two proposals offer proposed amendments of MCR 2.302 regarding discovery-only depositions. The proposed amendments in Alternative A would clarify that discovery-only depositions may be taken only by stipulation or court order. The amendment would also require that the stipulation or order explain how the costs of this type of deposition are to be allocated. These proposed amendments were submitted by the State Bar of Michigan Representative Assembly. The proposed amendments in Alternative B would allow any party to schedule a discovery-only deposition without the need to obtain stipulation of the other party or parties or approval of the court.
SBM Position: Support Alternative A.

ADM File No. 2014-08 - Amendment of MCR 3.221
The amendments of MCR 3.221 strike the term “magistrate” from subsections (C) and (I) to clarify the rule because there is no statutory authority for district court magistrates to conduct bond review hearings on support and parenting time enforcement act bench warrants.
SBM Position: Support.

HB 5383 Criminal procedure; evidence; expert witness testimony concerning chemical testing and custody of evidence by video communication; allow at preliminary examination and trial for certain prosecutions, and provide for release subject to conditions reasonably necessary for the protection of the public under certain circumstances. Amends sec. 1, ch. III, sec. 6b, ch. V & sec. 22, ch. VIII of 1927 PA 175 (MCL 763.1 et seq.).
SBM Position: Oppose the bill because it limits judicial discretion and denies the presumption of innocence by denying bond, but to support the provision that would allow experts to testify for bind over purposes via video.
(Position adopted by roll call vote: Commissioners voting in favor of the position: Allen, Barnes, Brake, Brown, Buchanan, Buiteweg, Burns, Costello, Einhorn, Gilmer, Gobbo, Grieco, Haroutunian, Irons, Ludden, McGinnis, Nolan, Olsman, Pero, Radke, Riordan, Rockwell, Rombach, Shovein, Siriani, Ulrich, Williams. Commissioners abstaining from voting: Cunningham.)

HB 5415 Housing; landlord and tenants; notification of evictions; allow by electronic mail. Amends sec. 5718 of 1961 PA 236 (MCL 600.5718).
SBM Position: Oppose.

SB 0845 Criminal procedure; warrants; district court magistrate to issue an arrest warrant; allow. Amends sec. 1, ch. IV of 1927 PA 175 (MCL 764.1).
SBM Position: Support.

SB 0863 Criminal procedure; evidence; expert witness testimony concerning chemical testing and custody of evidence by video communication; allow at preliminary examination and trial for certain prosecutions, and provide for release subject to conditions reasonably necessary for the protection of the public under certain circumstances. Amends sec. 1, ch. III, sec. 6b, ch. V, & sec. 22, ch. VIII of 1927 PA 175 (MCL 763.1 et seq.).
SBM Position: Oppose the bill because it limits judicial discretion and denies the presumption of innocence by denying bond, but to support the provision that would allow experts to testify for bind over purposes via video.
(Position adopted by roll call vote: Commissioners voting in favor of the position: Allen, Barnes, Brake, Brown, Buchanan, Buiteweg, Burns, Costello, Einhorn, Gilmer, Gobbo, Grieco, Haroutunian, Irons, Ludden, McGinnis, Nolan, Olsman, Pero, Radke, Riordan, Rockwell, Rombach, Shovein, Siriani, Ulrich, Williams. Commissioners abstaining from voting: Cunningham.)

Links of Interest
Public Policy Resource Center | Michigan Supreme Court | Michigan Legislature | MCL Search Engines